The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-03-24

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WHAT CAUSES CAN Bs RE1aexgp 70 rsDERAr.
COURTS FROM STATE TsroHxAi,-1zs Full
TEXT OF THE ACT OF oog(eesa
The Jurisdiction Of the q lEsd States elrcui,
courts is 80 important matler 70 every citizen
as well as members Of the I'll tne following act
passed by the last Oongresk published Ia foil |:
An ACT to amend the act UffHongresa aDnnoved
March 8, 1875, entitled "a act TO determine
the jurisdiction Of circuit 14arts Of the United
States and to regulate ~ removal Of causes
from State courts and l. t0lhef purposes /"
and to further regulate ~ autisdiclion of cir.
purposes. 44s*5e -
Section =. Be it euacs1l ~ the Senate and
House OF Representatives. Smted States OF
America in Congress assegl Tina, the first
section of an act entitled fset To determine
the jurisdiction of circu1x ~ Of the United
States, and TO regulate thi laval Of canses
from State courts. and f0e purposes. j." ap-
proved March 3. 1878, bs, u k9Ssrne IL be, esy.
amended 80 as to Rad ~ ~; "That the
circuit courts OF the Uul les shsll have
original cDgnixaHce sc0l1 4(irsthA courts
OF the several States Of all suits oi civil nature
at common law or In equity, where the matter
10 dispute exceeds, exclusive Of interest and
COSTS, the sum or value of $4,000, and arising
under the Constitution or laws Of the United
States, or treaties made, or which shall be made.
under their authority, or IN which the United
States are plaintiffs or petitioners. or In which
there shall be q controversy between citizens of
different States, 10 which the matter in DISPUTE
exceeds, exclusive Of interests and costs the sum
or value aforesaid. or controversy between ci,i-
zens of The same State, claiming lands under
grants Of different States, or a cOnirs,versy be-
tween the ciiz.us OF State and foreign States.
citizens or subjects. in which the matter IN dis.
pute exceeds, exclusive of interest aud cOsis the
sum or value Aforesaid and shall have exclusive
COgniZ ,nce Of al crimes and offenses c,yn,z ,,ie
under the authority OF the United States except
as otherwise provided by law, and concurrent
jurisdiction with the district courts Of The crimes
and 'fcnses cOgnZable by them. But no per-
SON shall be arrested In one district for trial In
another IN any civil action before circuit 0r
district court and no civil suit shall be brought
before either OF said c'urts against any person
10y any original prUcess or proceeding in any
other district than that whereof he is an inhabi.
iani but. where the jurisdiction is founded only
on the tact that the action is between citizens of
different States suits shall be brought only in
the district 0f the residence Of either the plaintiff
"r The defendant; nor shall any circuit or district
court have c"gnzance of any suit except upon
tents Of any prom>s0ry note, or other chose in
action, in favor Of any assignee, or of any subse-
Quent holder, II such instrument be PAYABLE 10
bearer and he not made by any corporation. un.
less such suit might have been prosecuted In
such court 10 recover the said contents ii no as
slgnment or transfer had been made and the
circuit courts shall also have appellate jurisdic-
tion from the district courts, under the rexula-
iiOns and restrictions prescribed by law"
That section two OF said act be and the same
is hereby amended so as 10 read as follows:
Sec. 2. That any suit of civil nature, at law
or Ia equity, arising under the Constitution aud
laws OF the United States or treaties made. or
which shall be made. under their authority, of
which the circuit courts OF the United States are
given original jurisdiction by the preceding Sec
lion, which may now be pending, or which may
hereafter be brought, in any State court, may be
removed by the defendant or defendants therein
10 the circuit court OF the Uuited States for the
proper district. Any other suit of civil nature,
al law or in equity, of which the circuit courts
of the United States are given jurisdiction by
lhe preceding sectiOn and wticb are now pend
ing, or which may hereafter be brought In any
Stale court, may be removed into the circuit
court OF the United States for the proper district
by the defendant or defendants therein being
non-residents OF that State; and when in any
suit, mentioned in this section, there shall be n
controversy which is wholly between citizens of
different States, and which can be fully deter
mined as between them, then, either one or more
OF the defendants, actually interested in such
controversy, may remove said suit into the cir
cult court OF the United States for the proper
district. And, where suit is now pending, or
may hereafter be brought, 10 any State court in
which there is u controversy between a citizen
OF the State In which the suit is brought and q
citizen Of another State. any defendant, being
such citizen of another Slatt NAV remove such
suit into the circuit court of the United States
for the proper district at any time before the
trial thereof, when it shall be made 10 appear to
said circuit court that, from prejudice or local
influence, he will not be able to obtain Justice In
such Slate court, or in any other Stale cnurt 20
which the said defendant may under the laws of
The State have the right, on account OF such
prejudice or local influence, 10 remove said
cause PrOoided, That ii 1t further appear that
said suit Can be fully and justly determined as
To the other defendants In the Slate c0uii, With
out being affected BY such prejudice or local in.
fuence, and that ne party To lhe suit will be
prtjudiced by y separation OF The parties, said
circuit court may direct the suit 10 be remanded
SD far relates to such other defendants, to the
Stale court, to he proceeded With therrin
"Al any time before The trial OF any suit, which
is now pending in any circuit court or may here
after be entered therein, and which has been
removed 10 said cOuit from State cnurt, on the
affidavit of any party plaintiff that he had reason
10 believe, aud did believe, that from prejudice
or local influence be was unable To obtain iu.ilce
in said Stale court the circuit court shall, ON ap-
plicatiOn Of the other party, examine into the
ruth OF SAID affidavit and the grounds thereof,
aud, unless II shall appear Ia The Satisfaction Of
said court that said party will n.a be able to
justice in such Slate court, it shall cause
the same To he remanded thereto.
whenever any cause shall he removed from
any State c.,urt into any circuit court of the
United States, and the circuit court shall decide
Lhat the cause was improperly removed, and
order the same to be remanded Ia The Stale court
from whence il came, such remand shall be i'm
nedia'ely carried into execution, and no appeal
Or writ of error from The decision of the circuit
court 30 remanding such cause shall he allowed"
That section 8 Of said act be and tue same 10
hereby amended 30 a. to read ss follows:
"SEC. 3. That when any party entitled to re-
move any suit mentioned in the next preceding
section, except 10 such cases as are provided for
in the last clause OF said section, may desire to
remove such suit from Stale court 10 the cir.
cult court Of the United Siates, he may make
and file petition 10 such suit in such Stale
court al the time, or any jine belOre the defend
AMI is required by the laws of the State or the
rule OF the Stale court In which suis is brought
to answer or plead to the declaration or com
plnint of the plaintiff for the removal OF such
suit into the circuit court tn be held In the dis
,rct W here such suit 10 pending, and ehall make
and file Herewith bond, with good and sud-
cient surety, Tor bis or their entering in such
circuit court, ON the first day of i,s then next
session copy Of the record In such suit, and for
paving all costs that may be awarded by
ihe said district court said court shal bold that
such suit was wrongfuliy orimpropsrly removed
thereto, and also for their appearing and enter
inv epecial bail In such suit, II special bail
was originally requisite therein. It shall
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